HERNANDEZ v. U.S.

No. 00-3048.

226 F.3d 839 (2000)

Salvador A. HERNANDEZ, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 2000.


Attorney(s) appearing for the Case

Salvador A. Hernandez (submitted a brief), Federal Correctional Institution, El Reno, OK, Petitioner pro se.

Thomas P. Schneider (submitted a brief), Office of the U.S. Attorney, Milwaukee, WI, for Respondent.

Before: RIPPLE, DIANE P. WOOD, and EVANS, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

As he is required to do under 28 U.S.C. § 2244(b)(3), Salvador Hernandez has applied for an order from this court authorizing the district court to consider a second or successive motion for collateral relief under 28 U.S.C. § 2255. In his proposed motion, he wishes to argue that the Supreme Court's recent decision in Apprendi v. New Jersey, ___ U.S. ___, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), announces a new rule of...

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